Chapter 21.04
GENERAL PROVISIONS

Sections:

21.04.015    Purpose.

21.04.018    Enforcement by community development director.

21.04.020    Interpretation of text and map.

21.04.030    Site-specific development regulations.

21.04.120    Liability of officials and employees.

21.04.220    Licenses issued in conflict void.

21.04.221    Relocation of structures upon taking of lands for public use – General.

21.04.222    Relocation of structures upon taking of lands for public use – Hardship to owner.

21.04.300    Interpretation of the zoning code.

21.04.310    Repealed.

21.04.400    Scope.

21.04.410    Repealed.

21.04.420    Repealed.

21.04.430    Temporary freestanding signs during street construction.

21.04.500    Repealed.

21.04.600    Record evidence of approvals and permits.

21.04.900    Penalty for violation.

21.04.920    Monitoring and enforcement procedures.

21.04.950    Severability.

21.04.960    No impact by original adoption.

21.04.999    Savings clause.

21.04.015 Purpose.

A. General. This title (LMC Title 21, Zoning, also called the zoning code) provides regulations concerning the use of land and structures and the location, size, and bulk of structures for the purpose of avoiding or abating public nuisances. This title also intends to promote the protection and promotion of the quality of the natural environment and the health, safety, morals, and other aspects of the general welfare of present and future inhabitants of the city of Lynnwood in accordance with the comprehensive plan and state law, judicial decisions, and Central Puget Sound Growth Management Hearings Board decisions regarding land use regulations. To these ends, it is the intent of these regulations to implement the city of Lynnwood comprehensive plan and the future land use plan map.

These general purposes include the more specific purposes set forth elsewhere in this title.

B. Sign Regulations. See LMC 21.16.050 for purpose of sign regulations. (Ord. 2441 § 4, 2003; Ord. 2310 § 30, 2000; Ord. 2045 § 10, 1995; Ord. 2020 § 3, 1994; Ord. 1575 § 1, 1987; Ord. 1453 § 1, 1985)

21.04.018 Enforcement by community development director.

The community development director is charged with the implementation and enforcement of the provisions of this title, except Chapter 21.08 LMC, Tree Preservation and Protection, which shall be implemented and enforced by the director of public works. The community development director may designate employees of the community development department to implement or enforce the provisions of this title. Enforcement of this title is done under the authority and according the regulations set out in this chapter and in Chapters 1.01, 1.40 and 1.45 LMC. (Ord. 2441 § 4, 2003; Ord. 2020 § 3, 1994; Ord. 1704 § 3, 1989)

21.04.020 Interpretation of text and map.

This title shall consist of the text hereof and in addition thereto that certain map entitled, “City of Lynnwood Official Zoning Map.” The map as adopted by the latest ordinance shall be kept on file at the community development department of the city of Lynnwood. Said map is by this reference incorporated herein and hereby made an integral part of this title. (Ord. 2441 § 4, 2003; Ord. 2020 § 3, 1994; Ord. 190 Art. 1 § 1.2, 1964)

21.04.030 Site-specific development regulations.

Those portions of Ordinance Nos. 729, 788, 920, 1017, 1141, 1194, 1287, 1342, 1354, 1439, 1443, 1456, 1499, 1507, 1514, 1540, 1560, 1563, 1628, 1632, 1682, 1775, and 1939 concerning designation of uses, development standards, development regulations, or other similar controls (collectively referred to herein as “development standards”) for specific sites, properties, or areas, are hereby adopted by reference and declared part of the zoning code of the city of Lynnwood; provided, however, that those portions of Ordinance 1342 that pertain to areas outside the city limits of the city of Lynnwood shall be considered part of an interim land use plan until the urban growth area plan is adopted or substantially completed. These development regulations apply in addition to the provisions of any other ordinance or law, and wherein inconsistent, supersede the provisions of any other ordinance or law. (Ord. 2441 § 4, 2003; Ord. 2060 § 1, 1996)

21.04.120 Liability of officials and employees.

The community development director or any employee charged with the enforcement of this title, acting in good faith and without malice for the city in the discharge of his or her duties, shall not thereby render the director liable personally and the director is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his or her duties. Any suit brought against the community development director or employee, because of such act or omission performed by that person in the enforcement of any provisions of this title, shall be defended by the city until final termination of the proceedings. (Ord. 2441 § 4, 2003; Ord. 2020 § 3, 1994; Ord. 1704 § 2, 1989; Ord. 190 Art. XIII § 13.1e, 1964)

21.04.220 Licenses issued in conflict void.

All department officials and public employees of the city of Lynnwood which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title and shall issue no such permit or license for any use, building or purpose if the same would be in conflict with the provisions of this title. Any such permit or license, if issued in conflict with the provisions of this title, shall be null and void. (Ord. 2441 § 4, 2003; Ord. 2020 § 3, 1994; Ord. 190 Art. XVI § 16.1, 1964)

21.04.221 Relocation of structures upon taking of lands for public use – General.

Accessory structures and/or improvements such as signs and landscaping, which are located within that portion of a larger parcel which is to be acquired for a public use, may be relocated upon the remaining parcel in the same relative location as they existed prior to the taking. (Ord. 2020 § 3, 1994; Ord. 771 § 1, 1974)

21.04.222 Relocation of structures upon taking of lands for public use – Hardship to owner.

If a property owner determines that movement of accessory structures (signs, landscaping) to the “same relative location” on the remaining parcel shall, in the opinion of the property owner, create a hardship to the property owner, the city council may, upon application by the property owner, provide for relocation of such accessory structures (signs and/or landscaping) or reduction or elimination thereof in a manner more suitable to the property owner; provided, that no such determination shall be made by the city council until after advice by the hearing examiner. (Ord. 2441 § 4, 2003; Ord. 2020 § 3, 1994; Ord. 771 § 2, 1974)

21.04.300 Interpretation of the zoning code.

The procedure and criteria that the city will use in deciding upon a written request to interpret the provisions of this title (zoning code), and in issuing any other written interpretation of the zoning code are set forth in this section. The interpretation of the provisions of a concomitant zoning agreement (CZA), other permit or written approval issued pursuant to this title will be treated as an interpretation of the zoning code.

A. Applicability. The following provisions apply to each written request to interpret the provisions of this title and to any other interpretation of the zoning code issued by the community development director.

B. Purpose of Interpretation. An interpretation of the provisions of this title clarifies conflicting or ambiguous wording, or the scope or intent of the provisions of the code. An interpretation of the provisions of the zoning code may not be used to amend that code.

C. Who May Request. Any person may request a written interpretation of the provisions of this title. In addition, the community development director may issue an interpretation on the director’s own initiative.

D. Applicable Procedure. The community development director shall interpret the provisions of this title in conformance with this section.

E. Submittal Requirements. Any person requesting an interpretation of this title shall submit a written request specifying each provision of this title for which an interpretation is requested, why an interpretation of each provision is necessary and any reasons or material in support of a proposed interpretation.

F. Factors for Consideration. In making an interpretation of the provisions of this title, the community development director shall consider:

1. The applicable provisions of the zoning code including their purpose and context; and

2. The implications of the interpretation for development within the city as a whole; and

3. The impact of the interpretation on other provisions of the zoning code; and

4. The intent of the city council as reflected by the council minutes, findings, and conclusions, and other documents found within the community development department file on the provisions in question, if any; and

5. The comprehensive plan and other relevant codes and policies; and

6. The opinion of the city attorney on the interpretation.

G. Limitation on Authority. The community development director may not make an interpretation of any provision of the zoning code which modifies or conflicts with any other provision of the zoning code, unless the purpose of the interpretation is to resolve a conflict between provisions of the zoning code.

H. Enforcement. An interpretation of the zoning code issued in accordance with these provisions may be enforced in the same manner that any provision of the zoning code is enforced. The community development director shall maintain and make available for public inspection all written interpretations of the zoning code with a current index of such interpretations.

I. Time Limitation. An interpretation of this title remains in effect until rescinded in writing by the community development director.

J. Response to Written Request. The community development director shall mail a written response to any person filing a written request to interpret the provisions of the zoning code within 25 days of having received that request.

K. Appeal of Interpretation by Director. When an interpretation is made in response to a written request pursuant to these provisions, the person filing the written request may appeal the decision of the community development director using Process II, LMC 1.35.200 et seq. The fee for such an appeal shall be the amount established in Chapter 3.104 LMC and must be paid by the appellant at the time of filing the appeal. (Ord. 2699 § 27, 2007; Ord. 2441 § 4, 2003; Ord. 2020 § 3, 1994)

21.04.310 Maintaining greenbelts and landscaping.

Repealed by Ord. 3326. (Ord. 2441 § 4, 2003; Ord. 2020 § 3, 1994)

21.04.400 Scope.

It is not intended by this title to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this title, or with private restrictions placed upon property by covenant, deed or other private agreement, or with restrictive covenants running with the land to which the city is a party. Where this title imposes a greater restriction upon land, buildings or structures than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of this title shall control. (Ord. 2441 § 4, 2003; Ord. 2020 § 3, 1994; Ord. 190 Art. III, 1964)

21.04.410 Political signs.

Repealed by Ord. 2310. (Ord. 2020 § 3, 1994; Ord. 1607 § 9, 1987; Ord. 610 § 2, 1971; Ord. 570 § 1, 1970; Ord. 464 § 3, 1969)

21.04.420 Banners.

Repealed by Ord. 2310. (Ord. 2020 § 3, 1994)

21.04.430 Temporary freestanding signs during street construction.

During the reconstruction of Highway 99, the community development director may allow temporary freestanding signs to identify a business or multiple businesses impacted by that construction, subject to the following regulations:

A. No more than one sign for each driveway;

B. Maximum area: 25 square feet;

C. Maximum height: five feet above curb grade (following construction);

D. Such sign shall not be located in the “intersection sight distance triangle” and “driveway sight distance triangle” described in LMC 21.10.100, or otherwise interfere with driver vision and vehicle visibility;

E. Such sign shall be removed no more than 30 calendar days following completion of each phase of work on the portion of Highway 99 that impacts the business, as determined by the community development director. Currently, the phases are as follows:

Phase I: Southern city boundary to 208th Street SW;

Phase II: 208th Street SW to 168th Street SW;

Phase III: 168th Street SW to Northern city boundary;

F. A sign permit is required; permit fees shall be waived. (Ord. 2441 § 4, 2003; Ord. 2296 § 1, 2000)

21.04.500 Use prohibited in all zoning districts.

Repealed by Ord. 3305. (Ord. 3302 § 2, 2018; Ord. 3284 § 2, 2018)

21.04.600 Record evidence of approvals and permits.

As a condition of approval of any approval or permit pursuant to this title, the approving body may require the applicant to record evidence of approval of the approval or permit and all conditions of that approval with the Snohomish County auditor. Alternatively, the city may choose to record this evidence on its own initiative. (Ord. 2441 § 4, 2003; Ord. 2295 § 14, 2000)

21.04.900 Penalty for violation.

Any person, firm or corporation whether as principal, agent, employee or otherwise, who violates any of the provisions of this title is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $1,000 or by imprisonment in the city jail for a term not exceeding 90 days or by both such fine and imprisonment. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided herein. (Ord. 2020 § 3, 1994; Ord. 190 Art. XVI § 16.2, 1964)

21.04.920 Monitoring and enforcement procedures.

The community development director shall adopt procedures for enforcing the regulations for the development and use of property in this title, including monitoring compliance with conditions of approval for permits issued under this title. Such procedures shall include:

A. The community development department shall review all proposed construction plans and permits for compliance with all permit conditions and the standards and requirements of this title. This review shall be completed concurrent with review(s) by other city departments. The community development department shall not approve a construction permit until compliance has been verified.

B. As part of the final inspection process for new construction, community development department staff shall confirm that all permit conditions and the standards and requirements of this title have been met. The department shall not approve a certificate of occupancy (COA) or other final approval until compliance has been verified, except that, at the discretion of the director, bonds or other guarantees may be posted by the project sponsor to insure final completion of landscaping or other improvements that are not related to public health or safety. If guarantees acceptable to the city are provided, the department may approve the certificate of occupancy or other final approval.

C. The department shall inspect properties and projects on an as-needed basis to insure continued compliance with all permit conditions.

D. The director shall notify a property owner of any violation of one or more permit conditions and provide opportunity for the owner to cause the violation to be corrected.

E. Violations which are not corrected in the amount of time specified in the notice of violation may be cited under one or more of the following: Chapters 10.08, 16.04, and 21.04 LMC. Any appeal of such a citation shall be processed according to Process II, LMC 1.35.200 et seq. (Ord. 2441 § 4, 2003; Ord. 2075 § 1, 1996)

21.04.950 Severability.

If any section, subsection, sentence, clause, phrase or word of this title should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this title. (Ord. 2020 § 3, 1994; Ord. 190 Art. XVII § 17.1, 1964)

21.04.960 No impact by original adoption.

The original adoption of this title (December, 1994) is intended only to reorganize then-existing zoning regulations and requirements; it is intended not to make any substantive change to then-existing property rights. Since it is possible that such a large reorganization of this title may cause an unintended property right impact, the community development director is authorized to apply the regulations and requirements of LMC Title 20 at the date of adoption of LMC Title 21 to a specific parcel or project in lieu of the applicable regulations and requirements of LMC Title 21 if the director finds conclusively that the adoption of this title substantively changed zoning regulations for that parcel or project. An appeal to the director’s decision under this section may be appealed pursuant to Process II, LMC 1.35.200 et seq. (Ord. 2441 § 4, 2003; Ord. 2020 § 3, 1994)

21.04.999 Savings clause.

Nothing contained in this title or in the Lynnwood zoning code adopted herein shall be construed as abating any action now pending under or by virtue of any general ordinance of the city of Lynnwood herein repealed; or as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm, or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of passage of the ordinance codified in this title. (Ord. 2441 § 4, 2003; Ord. 2020 § 3, 1994)